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(영문) 수원지방법원 안산지원 2017.08.22 2017고단1890
공무집행방해
Text

Defendant

A Imprisonment for six months, each of the defendants B and C shall be punished by a fine of two million won.

Defendant

B and C shall each be subject to the above fine.

Reasons

Punishment of the crime

1. 피고인 A 피고인은 2017. 6. 17. 23:00 경 안산시 단원구 E 4 층 ‘F ’에서 피고인과 G, H 사이의 폭행 사건으로 112 신고를 받고 출동한 경찰관에게 조사를 받던 중 화가 나 안산 단원 경찰서 I 파출소 소속 순경 J의 가슴 부위를 손으로 1회 밀치고, 위 파출소 소속 순경 K의 몸을 손으로 1 회 밀쳤으며, 현행범인 체포되어 순찰차로 연행되는 과정에서 위 파출소 소속 순경 L의 정강이를 발뒤꿈치로 1회 걷어찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

2. Defendant B and Defendant C’s joint crime committed at the time and place indicated in paragraph 1, as above, and at the same time and place, the police officers attempted to arrest the flagrant offender A, who is the husband of his relative C, as stated above, and assaulted the police officer who was arrested on the ground that the police officer met the face and body of the police officer who was assigned to the above police box, by hand. The Defendant C accordingly assaulted the police officer who was arrested on the police officer on the ground that the police officer was arrested on the charge of committing a flagrant offense. The police officer was able to take the head of the above police box as his hand, and assaulted the police officer who was arrested on the ground that the police officer was arrested on the charge of committing a flagrant offense.

Accordingly, the above Defendants conspired to interfere with the legitimate execution of duties by police officers concerning criminal investigations.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning L, K, J, and M;

1. Application of each statute on photographs;

1. Defendant A of the pertinent Article of the Criminal Act concerning the facts constituting a crime: Articles 136(1) and 136(1) and 30 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Defendant A: Defendant B and C who choose a sentence of imprisonment; the choice of a fine;

1. Defendant B and C at a workhouse: Article 70 (1) and Article 69 (2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A: Article 62-21 of the Criminal Act;

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